HomeMy WebLinkAbout30000 / 79-13A4ARCH 15 1979 # 13 RESOLUTION
PURPOSE: ENTER INTO COOPERAmIOp1 �GREEi�IFNT ti�lITH OSHKOSH HOUSING
AUTHGRITY
INITIATED BY: OSHKOSH HOUSIPdG BliTHORI7.'Y
WHEREAS, the Oshkosh }iousin� Authority proposes to develop and
administ�r a Housing Pro,Ject encompassing a total of 70-100 units
of public housing for ihose of elderly, handicapped and low income
status, to be located in Oshkosh, Wisconsin; and
� WHEREAS, the Oshkosh Housing Authority desires to enter into
a Cooperation Agree:eent with the City of Oshkosh in connection with
the above mentioned Project;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of OshY,osh that the proper City officials are hereby authorized and
direeted te enter into a Cooperation A�reement with the Oshkosh
zr„��i;�� p,�r�,e_-�?.f�`,7 ir. suh�tant.i.:+1�.�� the attached form.
m'�:iimi:�� UY
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Rev�=ed HUD 52481
Sanuary ,1979
page 1
COOPERATION AGREEMErT
This Cooperation Agreement is entered into this day of
by and between ("the Local Authority") and
Municipality").1
Tne parties agree to the following terms and conditions:
I. TER*S
_ ("[he
19 ,
A. "Pzoject° means any low-rent housing subsequently developed or acquired
by the Lacal Authority with Federal funds from [he Depar[ment of Housing and
Urban Development ("The Government").
This term does not include any low rent housing project covered by any loan
and annual contributions contract entered into between the Local Authority
and the Government, or its predecessor agencies, prior to the date of this
Agreement.
B. "Taxing Body" means the state or any political subdivision or taxing
unit that would have the authority to:
1. Assess or levy real or personal property taxes against the
project or
2. Certify.to a taxing body or public officer tha[ such taxes are
to be levied for its use or benefit,,if_the project were not
exempt from taxation.
C. "Shelter Rent" means the difference between the total rental charges
and uTility cos[s of dwelling and non-dveliing space in the project. This
swT does not include project income from any source other than rental charges.
D. "Slum" means any area predominated by dwellings, that are detrimental
to health and safety, because of dilapidation, overcro�ading, faulty arrangemen[
or design, lack of ventilation, light or sanitation facilities, or any combi-
nation of these factors.
E. "Municipality�� means any poli[ical subdivision, even ihough in some
cases it may be a county or other body.
II. CO�DITIOIvS
A. EXEMPTION FROM TAXATIO�
1. Under the cons[itution and statutes of the
of ,Zall projects are exempt from all real
or personal propertv ta��^ and (special assessments)3 levied or '
imposed by any taxin� body.
2. The Municipality agrees, that it will not levy or impose any real or
personal property taxes (or special assessments)3upon any project or
� upon the Local Au[hority, uith respec[ to any project, so long as
any of the following conditions exist:
(a) a public body or governmental agency ovns any project, that is
used for low-ren[ housing purposes, or
linser[ the name of the political subdivision with c:hich the corporation
agreement is being entered into, such as "City of Hilwaukee, Wisconsin"
or "County of ?iilvsukee" oz "State of G]isconsin".
ZInsert the name of the State, indicating vhether it ie a State or
Comaonveelth.
HiJD-52481
�Tmit the bracketed msterial if lov-rent houeing ovned by the Local revised 1/7
Authority ia n�t ezempt from •pecinl aanesaments. Milw. A. O.
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Itevised HtiD 52481
January , 19J9
page 2
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(b) any binding loan or annual contributions contract, that involves
any project and was executed by the Local Authority and the
Government, or
(c) any unpaid bond issues or other debts, that zre connected with
any project and are due the Governrent.
B. PAYI�NT Ir LIEU OF TAXES (PILOT)
1. The Local Authority agrees to make an annual pay�ent in lieu of
[axes (and speciai assessments)3in exchange for the public services
and facilities, furnished by the Municipality without cost or
charge to [he project, during the time period in which any of the
conditions in Section 2 of Provision II. A. exist.
2. Select the alternative that accurately reflects the arrangemeat
agreed upon by the Local Authority and the Municipality:
Alternative A
(a) Each annual PILOT will be made after the project's fiscal year
has ended.
(b) The amount payable will be based on the lower of the following
sums:
(I) Ten percent (10%) of the shel[er rent the Local Authority
charged pzoject tenants during such fiscal year,4or
(2) The amount statutorily permissible under
law, as of the date the PILOT is made. (State)
Alternative B
(a) Each annual PILOT shall be made at the time, when
properties are Yequired [o pay real proper[y taxes.
(b) The amount payable will be based on the lower of
lowing sums:
non-exem,�t
the fol-
(1) Ten percent (10%) of the shelter rent the Local Authority
charged project tenants during each taxing year, beginning
the of and ending the
(date) (month)
of 4 or
(date) (month)
(2) The amount statutorily permissible under
law, as of the date PILOT is made. (State)
C. PILOT LIMITATION
No payment for any year shall be made to the Municipality in excess of
the amount of real property which would have been paid to the Municipality for
such year, if the project were not exempt from taxation.
i The following provision should no[ only be included in 3C. when more than one
taxing body vill be receiving PILOT. If no such tax dis[ribution occurs, or
each taxing body has entered into separate coaperation agreement with the Local
Authority, then d�lete the provision, as it would not apply_ )The Municipality
shall distribute the PIIAT among [axing bodies in a nanner, which is propor[ionate
to the amount of the real proper[y [axes, [hat would have been paid to each
taxir.g body for such year, if the project vere not exempt from taxation.
30mit Lhe bracketed naterial if low-rent hvusing ouned by the Local
Authority ts not exempt from special assessments.
40ne of the folloving modifications vould be accep[able in Provision II. B.2 (b)
of alternatives A and B
(a) A percentage of less than lOX of re shelter rent charged or
(b) Ten percent (lOX) of the shel[er i�nt actuelly collected but no[ exceeding
ten percent (lOX) of the shelter zen[ charged.
_ Z -
January. 1979 V
Fa8@ 3
D. OBLIGATIO�S OF THE LOCAL AUT`t30RITY
E
1. The Local Authority shall endeavor:
i=H ,,:�
(a) to secure loan and annual contributions constrac[s covering 5
one or more projects comprising approximately
units or low rent housing and
(b) to develop oz acquire and administer such project(s), located
within the corpora[e limits of the Municipality.
2. The Local Authority, at its own expense, agrees to grade , improve,
pave and install all interior s[reets, roads, alleys and adjacent
sidewalks, together with all storm and sanitary sewer mains, within
the area of the project, according to the specifications acceptable
to the Municipality.
3. The Local Authority agrees to pay the Municipality the amount, that
would be assessed against the project site for the following work,
if such site were private2y owned:
(a) grading, improving, paving and providing sidewalks for all
streets bounding or necessary to provide adequa[e access ro
the project and,
(b) directly or indirectly providing water, storm and sanitary
mains leading to or serving the streeCS on the boundary of
the project. —
OBLIGATIO:�S OF THE MUNICIPALITY
1. In respec[ to any project, the Municipality agrees that within a
reasonable time after receipt of a written request from the Local
Authority: - -- —
(a) to grade, improve, pave and provide sidewalks for all streets
bounding or necessazy to provide adequate access to the project
(b) to directly or indirectly provide water, storm, and sanitary
mains leading to or serving [he streets on the boundary of the
project,and
(c) to acceptthe dedication of the following:
(1) ail interior :;treets, roads, alleys, as well as, all
stozm and sat:itary sewer mains within the project area,
and
(2) all sidewalks adjacent to, bounding or necessary to
provide adequate access [o the projec[.
2. The Municipality without cosC or charge to the Local Authority or
the tenants of such project (other than the payments in Lieu of
Taxes) shall:
(a) fuznish or cause to be furnished to the Local Authority and
Lhe tenants of such projec[ public services and facili[ies of
[he same character and to the same extent as are furnished from
time to time without cost or charge to other duelling and in-
habitants in the Municipality�
(b) where necessary for the purpose of project development, vacate
stree[s, roads and alieys within 2he azea of such project and
convey anq in[erest, Lhat the Municipality may have in these
vacated ereas to the Local Au[hority;
SInsert the n�bet of project unita of lou-rent housing to vhich this
Cooperation Agreement applles.
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January, 1979��V+
page 4
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(c) Nhere necessary for the purpose of project development,
remove or cause to be remdved all public or private utility
lines and equipment, when such removal can be accomplished
without cost or expense [o the Municipali[y;
(d) grant such deviations from the municipal building code, as
are necessary and reasonable to promote economy and efficiency �
in the development and ad�inistration of the project and
� concurrently safeguards the health of the public;
(e) change Che zoning of the site and surrounding [erritory of
such projects when reasonable and necessary for the purposes
of its development and protection;
(f) accept grants of easements necessary for the development
of such project; and
(g) cooperate wi[h the Local Authority by such other lawful action
or ways as the Municipality and the Local Authority may fii�d
necessary in connection with the development and administration
of such project.
3. The Mvnicipality shall provide the services above during the period
commencing with the date of the acquisition of any part of the site
of any projec[ and continuing so long as:
(a) either such project is owned by a public body or governmental
ageney and is used for low-rent purposes' or
(b) any contraci between the Local Authority and the Governmen[
for loans or annual contrihutions, or both, in connection with
-= such project remains in force and effect or
-; (c) any bonds zssued in connec[ion with such project or any monies
due to [he Government in connection with such project remain
unpaid.
F. BREACH OF AGREEMENT
1.. If the Municipality breaches its agreement to furnish the public
services or facilities delineated in provision E of this agreement,
the Local AuGhority may take action that will cause said services
or facilities to be provided.
2. Any expense, incurred by the Local Authority in such action may be
deducted from any current or fu[ure payments in lieu of taxes due
the Municipality in respect to any projeci covered by this
Cooperation Agreement or any other lov-rent housing projects owned
or operated by the Local Authority.
C. I1:TEREST OF MEM3ERS
No Member of the governing body of the Municipality or any other public
official of the Municipality vho exercises any responsibilities or functions with
respect to any Project during his tenure or for one year thereafter shall have
any in[erest, direct or indirect, in any Project, or any property included oi
planned to be included in any Project, or any con[racts in connection with such
Projects or property. If any such governing body member or such other public
official of the Municipality involuntarily acquires or had acquired prior to the
beginning of his tenure any such interest, he shall immediately disclose such
interest to the Local Authority.
H. DURATIOIV
The prlvileges and obligations of the Municipality shall remain in full
Yorce and effect vi[h reepect to each project, so long as, beneficial title [o
such project ie held by the Local Authority, or by eny other public body or
govern�ental agency legally au[horized ta engage in the developnent oz admfnistration
of low income 6ouaing pro}ectr. ;'',
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Page 5
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ALT£RATION OR TERMINATION
1. The existence of either of the following conditions prohibite the
altera[ion or termination of this Agreement without the prior consent
of the Government:
(a) Any binding loan or annual con tributions contract that involves
any project, and was executed by the Local Authority and the
Governmen[ or
(b) Any unpaid bond issues or other debts that are connected with any
project, and are due the Government
2. No Cooperation Agree;�ent previousiy entered into between the Municipality
and the Local Authority sha11 be construed to apply to any project
covezed by this Agreement.
The Municipality and Local Authority have respectively signed this Agreement and
caused their seals to be affixed and attested as of
(SEAL)
Attest:
(SEAL)
Attest:
(Title)
(Title
-- - (Corporate Name of Municipality)
, _:. -:-__-_ B
Y _
(Title)
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(Corporate Name of Local Authority)
By
(Chairman)
A
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